Friday, October 23, 2015

Motion in Limine Requiring Plaintiff to Remove Website Content Prior to Trial Denied

The court denied defendant's motion to order plaintiffs to remove certain prejudicial statements from their website before the upcoming jury trial. "Defendant asks the Court to Order that Plaintiffs remove certain statements from their website, which it asserts are inaccurate, prejudicial, and may taint potential jurors, and also constitute impermissible argument regarding remedial measures. Plaintiffs respond that such action would be an unconstitutional prior restraint on speech, and that evidence of subsequent remedial measures is admissible in certain circumstances. . . . Both parties will have the chance to explore with the jurors during voir dire their familiarity with any of the parties and the issues in this case. Further, the Court has standard instructions for the jurors regarding internet research and exposure to the media, and there is no reason to believe at this time that the jurors will not follow such instructions."

Milo & Gabby, LLC et al v., Inc., 2-13-cv-01932 (WAWD October 21, 2015, Order) (Martinez, J.)

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